HomeMy WebLinkAboutOrdinance No. 478 CITY OF THE COLONY, TEXAS
ORDINANCE NO. Y/~/
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY
AMENDING DIVISION TWO, ARTICLE TWO, CHAPTER 10 OF THE
CODE RELATING TO ABANDONED AND JUNKED MOTOR VE-
HICLES; AMENDING THE DEFINITION OF JUNKED VEHICLE
AND MOTOR VEHICLES; AMENDING THE NOTICE RE-
QUIREMENTS FOR JUNKED VEHICLES FOUND ON PRIVATE AND
PUBLIC PROPERTY; AUTHORIZING STORAGE FEES FOR
ABANDONED MOTOR VEHICLES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,600.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DE-
CLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
Section 1. That Chapter 10 of the Code of Ordinances of the City of
The Colony, Texas (the "City") relating to health and sanitation be amended in
the following particulars, and that all other chapters, sections, subsections,
paragraphs, sentences, phrases and words are not amended hereby but are
ratified, verified, approved and affirmed:
A. That Division Two, Article II of Chapter 10 of the Code relating
to abandoned and junked motor vehicles is hereby amended to read as follows:
"Sec. 10-30. Definitions.
"For purposes of this division, the following definitions apply, to-
wit:
"Junked vehicle means a motor vehicle as defined in article 6701d-
11, Texas Revised Civil Statutes (Vernon), as amended, that: (a) is
inoperative; and (b) (i) does not have lawfully affixed to it either
an unexpired license plate or a valid motor vehicle safety
inspection certificate; or (ii) is wrecked, dismantled, partially
dismantled or discarded; or (iii) remains inoperable for a continuous
period of more than 45 days.
"Motor Vehicle means motor vehicles subject to registration under
article 6687-1, Texas Revised Civil Statutes (Vernon), as amended,
the Certificate of Title Act, and includes motor boats, outboard
motors and vessels subject to registration under Chapter 31 of
the Texas Parks and Wildlife Code (Vernon) as amended.
"Sec. 10-33. Notices Required.
"(a) In the event a junked vehicle constituting a public nuisance
under this division is found on private property, the police
department or other designated employee of the city shall notify
the owner or occupant of the private premises on which the public
nuisance exists, the last known registered owner of the junked
vehicle and any lienholder of record, in writing by certified mail
with a five (5) day return requested, that such public nuisance must
be removed and abated from such private property within ten (10)
days, and that a request for a hearing must be made before
expiration of the ten day period. If the notice is returned
undelivered by the United States Post Office, official action to
abate the nuisance shall be continued to a date not less than ten
(10) days after the date of the return.
"(b) In the event a public nuisance as defined herein is found on
public property, notice in writing must be mailed, by certified
mail, with a five (5) day return requested, to the owner or
occupant of the public premises or to the owner or occupant of the
premises adjacent to the public right-of-way on which the public
nuisance exists, to the last known registered owner of the junked
vehicle and to any lienholder of record, that the nuisance must be
removed and abated from the public property or public right-of-
way within ten (10) days, and that a request for a hearing must be
made before expiration of the ten (10) day period. If the notice
is returned unde]ivered by the United States Post Office, official
action to abate the nuisance shall be continued to a date not less
than ten (10) days after the date of the return.
"(d) In the event of removal of an abandoned motor vehicle as
provided herein, notice shall be given to the State Department of
Highways and Public Transportation not later than the fifth day
after the date of removal. Such notice must identify the vehicle
or vehicle part. Where the city police department takes into
custody and abandoned motor vehicle, the city shall be entitled to
reasonable storage fees for: (i) a period of not more than ten (10)
days beginning on the day the police department takes custody and
continuing through the day the department mails notice of the
taking into custody the abandoned vehicle, and (ii) a period
beginning on the day after the day the police department mails
notice and continuing through the day any accrued charges are paid
and the vehicle is removed.
"Sec. 10-36. Disposal.
"When a junked vehicle is declared a public nuisance by the
authorized official of the city and is ordered to be removed, it
shall not be reconstructed or made operable after it has been
removed. In the event of removal of a junked motor vehicle as
provided herein, notice shall be given to the State Department of
IIighways and Public Transportation not later than the fifth day
after the date of removal."
Section 2. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstance, is held
invalid or unconstitutiona! by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this ordinance; and the
City Council hereby declares it would have passed such remaining portions of the
ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
Section 3. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for
each offense an separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
Section 4. The fact that the present ordinances and regulations of the
City of The Colony, Texas, are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the City of The
Colony, Texas, creates an emergency for the immediate preservation of the
public business, property, health, safety, and general welfare of the public which
requires that this ordinance become effective from and after the date of its
passage and it is accordingly so ordained.
PASSED ~) APPROVE~ by~ the Council of the City of The Colony,
Texas, on the _~ day of ~ City , 1987.
Mayor,'-(~i~y 6f ~4~C~olo~ny, ~exas
City Secretary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas